When it came to taking the photo of Captain Bernard’s injuries, The Associated Press (AP) had the rights to take the photo. However, there were some backlashes in order for the photo to be put up on the article. The journalists defended the decision even though Defense secretary: Robert Gates denounced the Associated Press’ decision the leave the photo up. When it comes to someone with a high position such as the secretary of defense, the associated press would still have the right to make the decision and are protected under the freedom of the press.
I would be nice to have to OK gesture from the marines, but you do not need their approval unless the information was not public knowledge. Classified information would have been protected. However, Captain Bernard’s injury happened in a public setting, which would make it legal for AP to publish the article with the photos to match.
Despite the AP having the right to publish the photos they would suffer some backlash in the process. However the backlash would mostly end up being harsh criticisms of the photos being published, and not for weather the AP should face consequences for it. Other than criticism, the AP should not have to suffer any other consequences for publishing the photo.